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Brownlow v. State

The psychologist's testimony that the victims exhibited symptoms consistent with sexual abuse accommodation syndrome did not impermissibly address the ultimate issue before the jury.

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A Floyd County jury convicted Herschell Ed Brownlow of two counts of child molestation and two counts of aggravated sexual battery. On appeal, Brownlow claims the verdict was inconsistent with the evidence, and that the trial court erred in 1 allowing expert testimony that the alleged victims exhibited symptoms consistent with child sexual abuse accommodation syndrome and major depressive disorder consistent with children who have suffered child abuse, 2 in charging the jury on child molestation as a lesser offense to aggravated child molestation, and 3 in refusing to allow an evidentiary hearing regarding juror misconduct.

Brownlow’s two grandsons, C. M. and C. T., often stayed overnight in a camper parked in Brownlow’s yard. C. T. testified that at night in the camper Brownlow had “stuck his finger up my privacy part in the back.” He also testified that Brownlow had bitten his “privacy part” in front, and that Brownlow had done the same to C. M. C. T. said that Brownlow had taken pictures of him while he was in the shower, and had inserted pliers in his anus. The abuse allegedly occurred while C. T. was between three and six years of age. He was seven years old when he testified at trial.

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